Policy and legislation
Independent review of the Workers' Compensation and Rehabilitation Act 2003 and the Industrial Relations Act 2016
On 24 March 2026, the Deputy Premier announced an independent review of the Workers' Compensation and Rehabilitation Act 2003 and the Industrial Relations Act 2016.
The workers' compensation scheme was last reviewed in 2023. Since then, there have been emerging trends relevant to the operation of the workers' compensation scheme including increasing primary and secondary psychological injury claims, increased reporting of fraud and related offending, and suitability of self-insurance arrangements.
The review’s terms of reference will ask the reviewers to:
- consider any emerging issues impacting the operation of Queensland’s workers’ compensation scheme, in particular:
- the growth of primary and secondary psychological claims and its impact on injured workers, employers and the scheme
- the effectiveness of the existing offence of fraud and similar offences (e.g. providing false and misleading information) to ensure these remain fit for purpose
- the effectiveness of the scheme’s management of fraudulent claims (or suspected fraudulent claims), including its preventative, detective, compliance and enforcement measures to manage fraudulent conduct within the workers’ compensation scheme
- any relevant laws applying in other Australian jurisdictions and reform
- consider whether the self-insurance scheme as it applies to workers and business is fit for purpose
- consider measures to ensure Queensland’s workers’ compensation scheme is fair, sustainable, and protected, delivering confidence for workers, employers and taxpayers.
Consideration of any changes to common law processes is excluded from the scope of the review.
The review is being led by independent reviewers Mr Glenn Ferguson AM, lawyer and former WorkCover Queensland Chair, and Mr Gary Black, a former Commissioner of the Queensland Industrial Relations Commission.
The review is expected to be finalised in the second half of 2026.
Read further information about the review
Development of workers’ compensation regulatory approach and priority plan
In December 2025, we completed a scheme-wide risk assessment which included the development of a risk assessment tool with key risk indicators and tolerance levels. The outcomes of this risk assessment will help inform the development of our Workers’ Compensation Priority Plan to be introduced from 1 July 2026.
We are also working to finalise our overarching regulatory approach and updating our Insurer Licensing and Performance Framework which reflects our current approach and does not introduce any material changes.
New WorkCover application for compensation
The Regulator has approved a new application form for compensation to be used under section 132 of the Workers' Compensation and Rehabilitation Act 2003.
The new application form applies to claims made to WorkCover Queensland. It has minor changes to ensure it is better suited to psychological injuries, supports fraud prevention, and aligns with Queensland privacy principles.
The new application form will be available on the website soon. Information on making a claim to WorkCover Queensland is available.
Queensland Ordinary Time Earnings
Compensation entitlements under the Workers' Compensation and Rehabilitation Act 2003 (Act) are subject to annual indexation in accordance with increases in the Queensland Ordinary Time Earnings (QOTE) to ensure the relative value of entitlements.
Under the Act, QOTE for a financial year is the amount of Queensland full-time adult persons’ ordinary time earnings declared by the Australian Statistician in the publication Average Weekly Earnings, Australia which was published before the start of this financial year.
On 26 February 2026, the Australian Bureau of Statistics released Average Weekly Earnings, Australia, reporting that QOTE would increase 2.1 per cent from $1,953.70 in 2025-26 to $1,994.50 in 2026-27.
The process for formally notifying QOTE under the Act is underway and will occur before 30 June 2026.